KUALA LUMPUR, Dec 22 — A US appeals court has reinstated a Los Angeles man's lawsuit against American rock band Nirvana for using his picture as a naked infant as the cover of its Nevermind album.

Spencer Elden, 32, claimed that he was a victim of child pornography when he was photographed naked at the Pasadena Aquatic Center pool in California for the album cover.

Elden, who was only a four-month-old baby then, was shot swimming towards a dollar bill on a fish hook.

In September 2022, a Los Angeles district judge dismissed the lawsuit, citing that the complaint was filed past the 10-year statute of limitations.

The statute of limitations requires a child pornography victim to bring a claim either 10 years after they discover the violation or injury against them, or 10 years after they turn 18.

However, Deadline reported that the US Court of Appeals for the Ninth Circuit 9th Circuit overturned the dismissal on Thursday and sent the case back to Los Angeles federal court for further proceedings.

The court ruled that each republication of the cover photo, including the 30th anniversary box set that was released in 2021, may constitute a new personal injury and as such, Elden's complaint was not barred by the statute of limitations.

Nevermind reportedly sold over 30 million copies worldwide since its release in 1991, making it one of the biggest albums in music history.

The grunge trio disbanded in 1994 following the tragic death of its lead singer and guitarist, Kurt Cobain.